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Questions Answered by Jon R. Boyd
1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: What is typical cost for pro Forma document to purchase a home during a divorce. Can it be done quickly and inexpensive

Want to put an offer in on the home and need a pro Forma document , can it be done quickly and not break the bank so I don’t miss out on this home?

Jon R. Boyd
Jon R. Boyd
answered on Oct 25, 2019

Ask local Title Company.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can I put an offer to purchase a house while in the process of divorce as long as I do not close until divorce is final?

My wife and kids are moving out of state we are going through divorce and waiting in court date for non contested divorce. I have found a house I want to buy and want to put in an offer. My wife doesn’t want anything to do with the house or any compensation for it/from it. Can I put an offer... View More

Jon R. Boyd
Jon R. Boyd
answered on Oct 25, 2019

Yes and No:

NO, because if you do it will be considered to be Community Property subject to division by the Court. The "inception of title" begins with signing an Earnest Money Contract, not closing/receiving the Deed.

YES. However, there is a specific way to structure...
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1 Answer | Asked in Family Law for Texas on
Q: How to respond to a petition to establish paternity in Texas?

I am still married but was separated (not legally) and I had already begun the process of getting divorced when I got pregnant. I filed for child support on the biological father and then I was served a petition to establish paternity. My husband and I have since decided not to get divorced and try... View More

Jon R. Boyd
Jon R. Boyd
answered on Oct 25, 2019

This can be complicated.

The child will be legally presumed to be a child of the marriage/your husband's child. The Bio F will have to overcome that presumption.

First thing you need to do is have a response (called an "Answer") timely filed to the bio F's...
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3 Answers | Asked in Family Law for Texas on
Q: I have a question concerning family law...

I have two boys ages 4 & soon to be 3 years old. I have been receiving some child support for a few months now. At the time we had our mediation I had no issues with visitations. We've had many differences since. I would like to fight for him to at least have supervised visitations or... View More

Jon R. Boyd
Jon R. Boyd
answered on Oct 20, 2019

I would be glad to help you on this. Pls call me tomorrow AM at 817-338-4500 and you can view my website at BoydFamilyLaw.com.

Look forward to hearing from you.

-Jon R Boyd

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2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I am getting remarried and I am the non-custodial parent. Am I required by law to notify the other parent?

We do not share information on who we date with one another. I am ready to remarry. Since remarriage doesn't usually affect child support payments, am I required to submit some form of notification to the other parent or can I keep my life private. This is under the assumption that the new... View More

Jon R. Boyd
Jon R. Boyd
answered on Oct 18, 2019

No. Not unless your Decree has some unusual provision ordering you to do so, which I highly doubt and would be invalid.

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3 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: i am married my wife is being a * and im needing a DNA testing for my youngest kid. and i also was needing divorce help

my wife is dating her boss and is always away from home and i was needing to know how i can get custody of both kids until im able to we get dna testing done for both of my boys

Jon R. Boyd
Jon R. Boyd
answered on Oct 17, 2019

Right up my alley. Give me a call and let's go after her. -Jon R. Boyd. 817-338-4500.

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2 Answers | Asked in Child Support, Divorce and Family Law for Texas on
Q: After marrying my husband I closed the child support case. Now we are getting a divorce. Can I reopen? 3yrs later (TX)
Jon R. Boyd
Jon R. Boyd
answered on Oct 17, 2019

The child support would be addressed in the divorce. You don’t need a separate OAG case.

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2 Answers | Asked in Family Law for Texas on
Q: I need a family law attorney, but I make very little. Where do I start on getting help?

My ex has been keeping my daughter from me for a number of years. He tells everyone he has full custody, the last court papers I received, said joint custody. I need some serious help but don't make a lot of money because of going to school and providing for my two other children. Where do I... View More

Jon R. Boyd
Jon R. Boyd
answered on Oct 16, 2019

Your best bet is to somehow borrow money from family and hire a lawyer. If you cannot do that, you should seek out Legal Aid or some Pro Bono clinic where you live and see if you can get a lawyer for free based on being indigent.

You theoretically are entitled to represent yourself but I...
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2 Answers | Asked in Family Law for Texas on
Q: Never legally married, together for almost 25yrs. Do I need to file for divorce?

He confessed to cheating on me since March and left in June. Our kids are 22,20&18 and our youngest is in school. He runs his own company. Do I need to file for divorce? Am I entitled to part of the company? Am I entitled to child support? Or any kind of financial help from him?

Jon R. Boyd
Jon R. Boyd
answered on Oct 16, 2019

You may have a common law marriage. It requires proof of three elements: 1. Agreement to consider yourselves married; 2. Cohabitation in the State of Texas; 3. Holding out/representing to the public that you are married.

The third one is usually the disputed issue. You can prove it by...
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1 Answer | Asked in Family Law for Texas on
Q: If I want to leave my husband and take my baby can I do that? He says i cant take her
Jon R. Boyd
Jon R. Boyd
answered on Oct 9, 2019

Absent a court order to the contrary, you both are equally entitled to possession of the child. Therefore, if you can get possession of the child and leave in a manner which does not expose the child to harm or makes you commit criminal conduct, you may take the child.

Whether you SHOULD do...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What should I do if 10 year old son is having psychological distress over ordered visitation with his grandparents?

My 10 year old came to me crying stating he feels he is in a tug of war between myself (mother) and his grandmother. She undermines my parenting as much as she can when my son goes over to her house. Example- his teacher said he wasn’t doing well in class because he “just doesn’t care” so I... View More

Jon R. Boyd
Jon R. Boyd
answered on Oct 8, 2019

Hire a lawyer to file a Petition to Modify the last order giving GM visitation. And, if your court order permits, take your child to see a mental health professional (one who doesn’t mind testifying in court!) and get the counselor to back you up.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My husband (we are currently separated (still married), I know Ft Worth, Texas is a community property State.

The tax bills are in his name. He says that I don't own any part of the three lots in Benbrook, Texas because they show him as "owner". I told him that Texas is a community property State. He doesn't believe that I have a part of the ownership.

Jon R. Boyd
Jon R. Boyd
answered on Oct 6, 2019

Texas is a community property state, but if you didn’t marry by marriage license, you will have to prove you are common law married.

You may qualify but it is an intensely fact dependent determination. Call me tomorrow at 817-338-4500 if you would like to meet with me me to analyze your case.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How can I revise my child support if custodial parent won't show up to court.

When I started paying child support 4 years ago I had I job where I was making decent money. I lost that job shortly after but my child support amount 4 years later is still the same amount from when I was working that job. Ive made several attempts to get it changed because I don't make no... View More

Jon R. Boyd
Jon R. Boyd
answered on Sep 29, 2019

File your own Petition. Don’t depend on the OAG.

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1 Answer | Asked in Family Law and Adoption for Texas on
Q: How do I go about this process?

My sister is pregnant and due in about 2 weeks she does not want the baby and is willing to sign over all her rights to me she does not know who the dad of the baby is how would I go about getting custody of the baby so I can take it home from the hospital when it is born?

Jon R. Boyd
Jon R. Boyd
answered on Sep 27, 2019

Honestly it’s too involved of a process to describe quickly here.

Conservatorship, Adoption and Termination are described in Chapters 153, 160 and 161.

You DEFINITELY need a lawyer. Doing this wrong could result in criminal prosecution and severe penalties. I can help you or...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What constitutes removal of grandparents rights as joint managing conservator with a fit mother?

I am needing to know if I have a case or not. I have gotten different answers from different attorneys. My son’s grandparents sued me for visitation when their son died. My son was 3 and is now 10. They alienate my parenting with undermining and play “good cop, bad cop” so my rules don’t... View More

Jon R. Boyd
Jon R. Boyd
answered on Sep 26, 2019

Maybe.

You're asking two questions, first about grandparent visitation and second about lifting the Geo Restriction.

You probably have a good shot at the first.

I would need a whole lot more information to give you an opinion about the second. Where are you now? where...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I file to get a judgement against me based on false information?

Sulphur. OKLAHOMA

Jon R. Boyd
Jon R. Boyd
answered on Sep 23, 2019

First, I don't understand your question but second, if you're in Okla., you need to ask an Okla lawyer.

Good luck.

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: I’m supposed to pay 1/2 of out of pocket medical expenses. My son’s mom won’t use the insurance I have.

I have great insurance on my son. It is just that you have to go in-network to get the benefits. If she doesn’t use it and runs up bills, do I still have to pay 1/2 of out of pocket costs? I pay a large premium for insurance for him and also have a health savings card for meds and deductibles. Help!

Jon R. Boyd
Jon R. Boyd
answered on Sep 20, 2019

Your court order should have provisions stating that whoever uses out of network providers then has to pay 100% of the out of pocket/uninsured expense. That provision used to be part of the standard language in court orders but the form changed several yrs ago to delete it, not sure why. If your... View More

3 Answers | Asked in Elder Law, Estate Planning and Probate for Texas on
Q: what would happen to my mothers home if the state is issued guardianship

I live with my mother in her home in Texas. She has dementia and its getting to the point I can't care for her. She has not appointed anyone power of attorney. I was wondering what would happen to her home if state rules she needs to be placed in nursing home if they become her guardian. Her... View More

Jon R. Boyd
Jon R. Boyd
answered on Sep 18, 2019

You should consult with an Elder Law/Estate Planning attorney. This is for Family Law questions.

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: My brother just died. He was divorced for many years and had two children with his ex-wife but gave up parental rights.

So her new husband could adopt them. Do the children have a right to his property and get to decide how and where he will be buried? Also our mother and father are deceased. As the oldest sibling do I have the right to make these decisions. My brother had no will.

Thank you!

Jon R. Boyd
Jon R. Boyd
answered on Sep 17, 2019

It depends. If his rights were formally terminated by a Texas court order, that order would have normally had a paragraph stating whether the rights to inherit were terminated as well. Get a copy of that order and call me or consult an attorney.

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